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Criminal Defense

Orlando Domestic
Violence Lawyer

Currently, domestic violence penalties in Florida range from misdemeanors to felonies. If convicted, you will probably spend at least five days in jail and be subject to a mandatory counseling program and probation. If the act you committed results in a restraining order, you could be prohibited from contacting a loved one, or even from entering the approximate area where he or she works or lives.
Complicating the issue of conviction is the fact that so many acts can potentially fall under the legal umbrella of domestic violence. They include physical abuse and assault, verbal abuse, harassment and stalking. Technically, domestic violence is any harmful act perpetrated against a family member, someone you live with, or anyone you have or have had a close personal relationship with, even if you do not cohabit with that person. You may be charged with domestic violence if you neglect or abuse an elderly parent or your roommate’s child. It is critical that you enlist the help of an experienced defense attorney if you are charged with one of these many offenses. With so many nuances to domestic violence issues, professional representation can make a huge difference between serious felony charges and more minor misdemeanor penalties. You need a qualified defense attorney who will work hard to have the charges against you downgraded or even dropped. The attorneys at Katz & Phillips have extensive experience with handling domestic violence problems, and we will work hard to prove to a court that you are not guilty of the acts that law enforcement or a loved one have charged you with. Among the domestic violence charges we defend:
False Imprisonment
Restraining Order Violation Defense
Stalking Defense
Domestic violence is an emotional crime, but emotion has no place in a courtroom. Facts are necessary, and you can trust the attorneys at Katz & Phillips to identify the mitigating factors in your case and to make use of them. We will make every effort to make sure an incident of domestic strife does not ruin your life and your reputation and result in a criminal record.

False Imprisonment Defense

Should a person be found guilty of this offense, they will be criminally charged with a third-degree felony and will find themselves facing penalties that are as severe as such. For this reason, it is highly encouraged that you do not hesitate to get the involvement of a Orlando criminal defense attorney from Katz & Phillips to help you defend your legal rights.

Unfortunately, domestic violence allegations can be false. Perhaps an ex-spouse is attempting to gain the upper hand in a family law case or perhaps they are simply angry – regardless, should they proceed to make a false allegation, you can trust that we will do everything that we can to combat the charges and to help you protect your legal rights as surely as possible.

Another common defense that can be utilized in cases such as this is that you were not imprisoning the child, but rather were disciplining them. As a parent, you have the right to discipline your child – you have the ability and the right to do such things as putting them in a “time out.” Just because they were being detained in their room does not mean you are guilty of a criminal offense.

Restraining Order Violation Defense

In the state of Florida, those who are allegedly victimized by domestic violence are able to seek what is known as an injunction – this is commonly referred to as a protective order or a restraining order. In this state, there are currently four different restraining orders that can be sought; these include:

Emergency Protective Order (EPO) – This can be sought by those who have been victimized by domestic violence victims. It is only valid for five days after being obtained.

Domestic Violence Temporary Restraining Order (TRO) – Initially, this restraining order lasts for three weeks, however, it can be made permanent for up to three years.

Criminal Protective Order (No Contact Order) – This is the restraining order which can be obtained by going through the District Attorney’s office.

There is also what is known as the Civil Harassment Restraining Order (CHO) although this is used more for those who are being harassed by acquaintances – not those being actively abused.

According to §741.31 of Florida Statutes, the following are ways in which a defendant can willfully violate a restraining order:

  • Refusing to leave their shared home;
  • Staying within 500 feet of their frequented locations;
    Partaking in domestic abuse;
  • Threatening to commit violence;
  • Somehow contacting the petitioner;
  • Coming within 100 feet of their vehicle;
    Destroying the petitioner’s personal property; and
  • Refusing to give up any firearms

Violating an injunction for a protection order is considered a first-degree misdemeanor by the court. If you have been criminally charged, it is highly important that you realize just how much is at stake. You simply cannot afford to be flippant with your future – you need aggressive defense from a knowledgeable Orlando criminal defense lawyer as soon as possible.

Stalking Defense

Florida law defines stalking as the willful, malicious and repeated procedure in which a person “monitors” another person. These acts include:

  • Following a person around on foot or in a vehicle;
  • Calling repeatedly or sending messages of any kind;
  • Gathering information against their will;
  • Sending unwanted gifts repeatedly;
  • Driving by the person’s home; and
  • Causing harm to the person’s property

These are considered first degree misdemeanors. This, however, is not where the law ends.

In fact, it is also considered to be a criminal offense for a person to stalk a person’s child, sibling, spouse or parent or to cause the alleged victim with the fear that serious injury and / or death is imminent. This is considered to be a third-degree felony.

There are several defenses that can be utilized to your benefit by an experienced lawyer. For example, we could argue that the criminal accusations aren’t credible – that your behavior would not have caused a reasonable person fear. Similarly, we can argue that the activity that you were participating in was protected by the Constitution; for example, it could be argued that you were protecting and exercising your legal rights.

Regardless, if you find yourself facing criminal charges of this nature, it is highly important that you do not hesitate to get the involvement of a knowledgeable lawyer that you can trust. At our firm, we are proud to be client-focused and results-driven – meaning that in everything that we do, we put your needs and your best interests first and foremost.

Should you choose to work with our firm, you will be able to rest assured knowing that you will have an experienced advocate on your side that is fully prepared to go the distance in their efforts to defend their legal rights.

To schedule your initial case evaluation, please do not hesitate to contact an Orlando domestic violence defense attorney from Katz & Phillips.

Associations & Accolades
James Phillips and David Katz are both Board Certified DUI Defense Experts. In fact they are two of only four Board Certified DUI Defense Experts practicing in the State of Florida.